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Accident benefits dismissed; applicant held to Minor Injury Guideline due to insufficient medical evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing for removal from the Minor Injury Guideline (MIG) due to chronic pain.
The Licence Appeal Tribunal found that the applicant failed to provide sufficient medical evidence of chronic pain with a functional impairment.
Relying on an insurer's examination report which concluded the injuries were minor and maximal recovery was achieved, the Tribunal held the applicant to the MIG.
Consequently, the claims for additional treatment plans, an award for unreasonable delay, and interest were dismissed.
Application for accident benefits granted in part; partial chronic pain program approved, IRB denied.
The applicant sought various statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB), medical benefits, and an award under s. 10 of O. Reg 664.
The Tribunal found the applicant did not suffer a substantial inability to perform the essential tasks of his employment as a personal support worker and Lyft driver, relying on the respondent's medical assessments and the applicant's family doctor's clinical notes.
The Tribunal denied the claims for IRB, psychological services, a chronic pain assessment, and a driving reintegration assessment.
However, the Tribunal partially approved a treatment plan for a chronic pain program, awarding $2,346.70 for physical therapy and an SI belt based on a neutral OHIP-funded assessment.
The claim for a s. 10 award was dismissed.
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